Affair with client results in jail time in Berrien case

ST. JOSEPH -- A message was sent in Berrien County Trial Court on Monday that unprofessional conduct by mental health professionals won't be tolerated. Berrien Springs psychologist John Berecz, 65, was sentenced by Berrien County Trial Judge Charles LaSata to 90 days in jail and five years probation for fourth-degree criminal sexual conduct. Berecz pleaded guilty last month to the criminal sexual conduct charge, admitting to having an affair with a female client in January 2003 at his private office in his rural Oronoko Township home. LaSata remanded Berecz immediately to jail. He will serve 60 days in the Berrien County Jail and the last 30 days on tether. Other terms of his probation include paying $3,920 in fines and costs and registering as a sex offender. Berrien County Assistant Prosecutor Jeff Taylor said LaSata stayed inside the sentencing guidelines of zero to nine months. Taylor said he asked for some jail time. "In my opinion, his conduct was very egregious," he said. "He needed to be punished and a message needed to be sent to other state licensed mental health professionals that this behavior will not be tolerated. "Mental health professionals can't have a relationship with their client," he said. "It's not only unethical and unprofessional, it's a violation of state law." Michigan law states a mental health professional can be charged with fourth degree criminal sexual conduct if contact occurs during or within two years of the victim being a client or patient, even if the contact is consensual. Taylor said he was most concerned about two issues. He said Berecz had referred to his actions with the victim as a "corrective emotional experience" to help her feel better about herself. Secondly, Berecz began counseling the victim's husband while he was still involved romantically with her. The victim and her husband eventually got a divorce. "He had a personal interest in his relationship with her and was counseling her husband at the same time," he said. "That's what I really highlighted so that the judge would be aware of it and take it into consideration." Taylor said the sentencing also featured remarks by the victim, Berecz and Berecz's attorney, John Smietanka. Smietanka said his client was very sorry for how his actions had impacted the victim, his family and the community. "He knows he disappointed everyone around him," he said. Smietanka said Berecz knew he faced possible incarceration going into sentencing and was "ready to face his medicine. "He wants to serve his time and move on with his life," he said. "Our position was that this was the first and only time of him going over the professional boundaries in 36 years of practice," he said. "I argued for justice tempered with mercy ... I said it was a case of going over professional boundaries and he's facing up to the consequences." "As the judge said, he believes this was a one-time situation," Smietanka said. "With all the publicity around this case, no one else has come forward. We've seen no evidence whatsoever of any other incident." Smietanka said that now that Berecz has been sentenced, his license will likely be suspended by the Michigan Department of Community Health. He said Berecz has not made a decision about any future plans to continue his practice. Berecz retired last month from Andrews University where he's taught since 1971. He is the author of several books and magazine articles on topics such human sexuality, forgiveness for sexual abuse, and Tourette Syndrome. University officials issued a statement that they had met with Berecz after learning of the criminal charges and had approved his request for retirement. They would not comment on the criminal charges since they involved his private practice. The court received about 40 letters about the case, most from people supporting Berecz.